September 2006
Monthly Archive
Property Law #27: Easements II Saturday, Sep 16 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 12:27 am
In this episode we continue our discussion of easements with two more cases.
Van Sandt v. Royster
Othen v. Rosier
Property Law #26: Easements I Saturday, Sep 16 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 12:21 am
An easement is a permanent right to use another person’s land. It does not give a right of possession, nor is it a temporary use license. The four types of easement creation mechanisms we will begin to look at in this episode are grant, implication (aka necessity), prescription, and estoppel. We will also discuss appurtenent easements and easements in gross.
Willard v. First Church of Christ, Scientist
Holbrook v. Taylor
Property Law #25: Nuisance II Friday, Sep 15 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 3:07 am
We complete our discussion of nuisance by looking more closely at the remedies available for a nuisance. Do we just give monetary damages, or do we also give an injunction to shut the nuisance down? To answer this question we must often balance the equities. We will also consider what might happen if you “come to the nuisance.”
Boomer v. Atlantic Cement Co.
Spur Industries, Inc. v. Del E. Webb Development Co.
Property Law #24: Nuisance I Friday, Sep 15 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 3:04 am
Nuisance is where the use of one property creates a substantial and unreasonable interference with the rights of another property owner. In this episode I explain the basics of nuisance, as well as apply it to copyright law.
Morgan v. High Penn Oil Co.
Estancias Dalls Corp. v. Schultz
Property Law #23: Tenant Protections Friday, Sep 15 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 2:26 am
Tenants have some protections to ensure that they are getting a fair shake from their landlord. The two that we will discuss in this episode are the covenant of quiet enjoyment (ie you will not be constructively evicted) and the warranty of habitability.
Reste Realty Corp. v. Cooper
Hilder v. St. Peter
Law School Experience #1: Orientation Week Tuesday, Sep 5 2006
Law School Experience and Marc Montgomery 12:16 am
Almost all law schools provide some sort of orientation program for incoming students immediately prior to the first day of classes. In this episode I share some of my experiences during Tulane’s orientation week.
Torts (Marc) #3: Civil Assault and Battery Monday, Sep 4 2006
1L and Marc Montgomery and Torts and Tulane University Law School 9:09 pm
In this episode I examine two related forms of intentional tort, battery and assault, and attempt to illustrate that in the world of civil litigation, the terms assault and battery do not have the same meaning as they do in a criminal context.
Wallace v. Rosen
Fisher v. Carrousel
Western Union Telegraph C. v Hill
Torts (Marc) #2: Intent Monday, Sep 4 2006
1L and Marc Montgomery and Torts and Tulane University Law School 9:08 pm
Before beginning an examination of the specific causes of action for intentional torts, I discuss a number of cases that illustrate the two prong test that civil courts have adopted in determining if conduct can be considered intentional under tort law.
Garrat v. Daily
Spivey v. Battaglia
Ranson v. Kitner
McGuire v. Almy
Talmage v. Smith
Torts (Marc) #1: Liability Based on Fault Monday, Sep 4 2006
1L and Marc Montgomery and Torts and Tulane University Law School 9:07 pm
Modern tort law recognizes three bases for finding liability: intentional conduct, negligence and strict liability. In this episode I provide a brief overview of how this framework developed and evolved in our legal system.
Weaver v. Ward
Brown v. Kendall
Cohen v. Petty
Spano v. Perini Corp.